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HomeMy WebLinkAboutBy-law 2353/87THE CORPORATION OF THE TOWN OF PICKERING BY-LAW NUMBER 2353/87 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Rlan of the Town of Picketing District Planning Area, Region of Durham, in Part of Lot 30, Broken Front Concession Range 3 in the Town of Rickering. (A 28186) WHEREAS the Council of the Corporation of the Town of Picketing deems it desirable to recognize the existing triplex dwelling on Part 5 of 40R-lOl04, and to permit the development of new detached residential dwellings to occur on Parts l, 2, 4 and 7 of 40R-lOl04 of the subject lands, being Raft of Lot 30, Broken Front Concession Range 3; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE "I" Schedule "I" attached hereto thereon is hereby deciared to with notations and references shown be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in kart of Lot 30, Broken Front Concession Range 3, Picketing, designated on Reference klan 40R-lOl04 as Parts l, 2, 4, 5 and 7. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. 4. DEFINITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; · (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Owelling~ ~ingle or Single Dwelling" shall mean a dwelling containing one dwel~i~-g unit and uses accessory thereto; continued... (2) (~) (4) (5) (d) "Dwelling~ Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate and detached from other main buildings or structures; (a) "Floor Area-Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey~ (b) "Gross Floor Area-Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or a part thereof as the case may be, other than a private garage, an attic or a cellar; (a) "Lot" shall mean an area of land fronting on a street w-~ is used or intended to be used as the site of a building, or a group of buildings, as the case may be, together with any accessory buildings or structues, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (a "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; (b "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (C "Front Yard. Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line or, where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot~ (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard and from the side lot line to the nearest wall of the nearest main building or structure on the lot~ continued... (g) (h) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest main wall of the nearest main building or structure on the lot~ "Interior Side Yard" shall mean a side yard other than a fla'nkage side yard; 5. PROVISIONS (1) (a) Uses Permitted ("Si" and "S2" Zones) No person shall within the lands designated "al" and "S2" on Schedule "I" attached hereto use any lot or erect, alter or use any building or structure for any purpose except the following: (i) detached dwelling residential use (b) Zone Requirements ("Si" and "S2" Zones) No person shall within the lands designated "Si" and "52" on Schedule "I" attached hereto, use amy lot or erect, alter or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): A on lands designated "SI" B on lands designated "S2" (ii) LOT FRONTAGE (minimum): A on lands designated "Sl" B on lands designated "S2" (iii) FRONT YARD DEPTH (minimum): A on lands designated "al" B on lands designated "S2" (iv) SIDE YARD WIDTH (minimum): A minimum 1.2 metres each side, or B minimum 1.8 metres one the other side (v) REAR YARD DEPTH (minimum): (vi) LOT COVERAGE (maximum): (vii) BUILDING HEIGHT (maximum): (viii) DWELLING UNIT REQUIREMENTS: 450 square metres 400 square metres minimum gross floor metres 15 metres 13.5 metres 7.5 metres 4.5 metres side and no 7.5 metres 38 percent 12 metres minimum maximum one dwelling unit per lot and area-residential of 100 square continued... (ix) PARKING REQUIREMENTS: A on iands designated "SI" - minimum one private garage per lot attached to the main buiidlng, any vehicuiar entrance of which shall be iocated not iess than 9.0 metres from the front lot iine and not iess than 6.0 metres from any side lot line immediateIy adjoining or abutting on a reserve on the opposite side of which £s a street. B on lands designated "S2" - minimum one private garage per lot attached to the main building any vehicular entrance of which shall be located not less than 6.0 metres from the front lot line and not less than 6.0 metres from any side lot line immediately adjoining or abutting on a reserve on the opposite side of which is a street. (x) SPECIAL REGULATIONS: buildings on adjacent 1.8 metres. the horizontal distance between lots shall be not less than 6. TEXT AMENDMENT Section 9 of By-law 3036, as amended, is hereby further amended by adding thereto the following subsection: 9.3.4 Part of Lot 30, B.F.C. Range 3 (Part 5 of 40R-lOl04) (1) For the purpose of this subsection, the term "Triplex Owelling" shall mean a dwelling containing three separate dwelling units, each of which has an independent entrance either through a common vestibule or directly from the exterior of the dwelling. Notwithstanding any of the provisions of this By-law, in addition to any other uses that may be permitted thereon, lands indicated as Part 5 of 40R-lOl04 on Schedule "I" to By-law 2353/87 may be used for the purpose of a "Triplex Dwelling" in accordance with the provisions of Section 9.2. (3) Section (2) above, shall not apply where the "triplex dwelling" is constructed after Oanuary 1st, 1987. 7. BY-LAW By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule "I" attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by the relevant provisions of By-law 3036, as amended. 8. ENFORCEMENT (1) Any person who contravenes any of the provisions of this By-law is guilty of an offence and on conviction is liable, (a) on a first conviction to a fine of not more than $20,000; and continued... (b) on a subsequent conviction to a fine of not more than $10,000 for each day or part thereof upon which the contravention has continued after the day on which he was first convicted. Where a corporation is convicted under subsection (1), the maximum penalty that may be imposed is, (a) on a first conviction a fine of not more than $50,000; and (b) on a subsequent conviction a fine of not more than $25,000 for each day or part thereof upon which the contravention has been continued after the day on which the corporation was first convicted; and not as provided in subsection (1). Where a conviction is entered under subsection (1), in addition to any other remedy or penalty by law, the court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted. 9. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. READ A FIRST AND SECOND TIME THIS 19th DAY OF J~nuary , 1987. READ A THIRD TIME AND PASSED THIS 15th DAY OF June ERK / ' BRUCE O. TAYLOR 1987. continued... SHEPPARD AVENUE W PT. 5, 4OR- 10104 PT. 3, IpT.7, 40R-!~Oq PT 4 40 R - :0 S1 PT. 2, 4CR-~0;04 4r.)M.-J- J442 I LOT 44 BARRY DRIVE 2353/87 SCHEDULE "I"TOBY-LAW · PASSED THIS 15th nAY OF June 1987 ~o~ ~p. N